Registered Designs Act 1949
Registrable designs and proceedings for registration
1 Registration of designs.
1A Substantive grounds for refusal of registration.
1B Requirement of novelty and individual character.
1C Designs dictated by their technical function.
1D Designs contrary to public policy or morality.
2 Proprietorship of designs.
3 Applications for registration.
3A Determination of applications for registration.
3B Modification of applications for registration.
3C Date of registration of designs.
3D Appeals in relation to applications for registration.
4 Registrable designs and proceedings for registration
5 Provisions for secrecy of certain designs.
6 Registrable designs and proceedings for registration
Effect of registration, etc.
7 Right given by registration.
7A Infringements of rights in registered designs.
7BRight of prior use
8 Duration of right in registered design.
8A Restoration of lapsed right in design.
8B Effect of order for restoration of right.
9 Exemption of innocent infringer from liability for damages.
10 Effect of registration,
11 Cancellation of registration.
11ZA Grounds for invalidity of registration.
11ZB Applications for declaration of invalidity.
11ZC Determination of applications for declaration of invalidity.
11ZD Modification of registration.
11ZE Effect of cancellation or invalidation of registration.
11ZF Appeals in relation to cancellation or invalidation.
11A Powers exercisable for protection of the public interest.
11AB Powers exercisable following merger and market investigations
11B Effect of registration,
12 Use for services of the Crown.
12AApplication of the Act to certain registered Community designs
12BApplication of the Act to certain international designs
International Arrangements
13 Orders in Council as to convention countries.
14 Registration of design where application for protection in convention country has been made.
15 Extension of time for applications under s. 14 in certain cases.
15ZAAccession to the Hague Agreement
Property in and dealing with registered designs and applications
15AThe nature of registered designs
15BAssignment, &c of registered designs and applications for registered designs
15CExclusive licences
16 International Arrangements
Register of designs, etc .
17 Register of designs etc.
18 Certificate of registration.
19 Registration of assignments, etc.
20 Rectification of register.
21 Power to correct clerical errors.
22(1) Where a design has been registered under this Act,...
23 Information as to existence of right in registered design.
Legal proceedings: general
24AAction for infringement
24BExemption of innocent infringer from liability
24COrder for delivery up
24DOrder as to disposal of infringing articles, &c
24EJurisdiction of county court and sheriff court
24FRights and remedies of exclusive licensee
24GMeaning of “infringing article”
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Certificate of contested validity of registration.
25APrivilege for communications with those on the special list of professional designs representatives
Unjustified threats
26Threats of infringement proceedings
26AActionable threats
26BPermitted communications
26CRemedies and defences
26DProfessional advisers
26ESupplementary: pending registration
26FSupplementary: proceedings for delivery up etc.
Meaning of “the court” and appeals
27 The court.
27AAppeals from decisions of registrar
27BPersons appointed to hear and determine appeals
28 The Appeal Tribunal.
Opinions service
28AOpinions on designs
Powers and Duties of Registrar
29 Exercise of discretionary powers of registrar.
30 Costs and security for costs.
31 Evidence before registrar.
31APower to require use of forms
32 Powers and Duties of Registrar
Offences
33 Offences under s. 5.
34 Falsification of register, etc.
35 Fine for falsely representing a design as registered.
35ZAOffence of unauthorised copying etc. of design in course of business
35ZBSection 35ZA: enforcement
35ZCSection 35ZA: forfeiture in England and Wales or Northern Ireland
35ZDSection 35ZA: forfeiture in Scotland
35AOffence by body corporate or partnership: liability of officers or partners
Rules, etc.
36 General power of Board of Trade to make rules, etc.
37 Provisions as to rules and Orders.
37AUse of electronic communications
38
Supplemental
39 Hours of business and excluded days.
40 Fees.
41 Service of notices, etc., by post.
42 Annual report of registrar.
43 Savings.
44 Interpretation.
45 Application to Scotland
46 Application to Northern Ireland.
47 Application to Isle of Man.
47A Territorial waters and the Continental shelf.
48 Repeals, savings, and transitional provisions.
49 Short title and commencement.
SCHEDULES
SCHEDULE A1 Grounds for refusal of registration in relation to emblems etc.
1Grounds for refusal in relation to certain emblems etc.
2Grounds for refusal in relation to emblems etc. of Paris Convention countries
3Grounds for refusal in relation to emblems etc. of certain international organisations
Paragraphs 2 and 3: supplementary
4(1) For the purposes of paragraph 2 above state emblems...
Interpretation
5In this Schedule— “a Paris Convention country” means a country,...
FIRST SCHEDULE Provisions as to the use of Registered Designs for the services of the Crown and as to the Rights of Third Parties in respect of such use
1 Use of registered designs for services of the Crown.
2 Rights of third parties in respect of Crown use.
2A Compensation for loss of profit.
3 Reference of disputes as to Crown use.
4 Special provisions as to Crown use during emergency.
SCHEDULE 1AEUROPEAN COMMUNITY REGISTERED DESIGNS
PART 1Existing registered Community designs
1Designs registered as Community designs to be treated as registered under the Act
2Entries to be made in the register in relation to designs treated as registered under this Act
3Opt out
4Effect of claim of priority
5Unregistered pre-exit transfers
6Pre-exit licences to continue to have effect in the United Kingdom
7Security interests in existing registered Community designs
8Continuity of rights in relation to an existing registered Community design
9Pending proceedings concerning an existing registered Community design
9AExisting registered Community design: effect of invalidity
10Effect of injunction protecting an existing registered Community design
PART 2Applications for registered Community designs which are pending at IP completion day
11Applications for registration pending immediately before IP completion day
12(1) Where a person who has filed an existing EU...
PART 3Registered Community designs where publication is deferred at IP completion day
13Designs registered at the EUIPO immediately before IP completion day where publication is deferred
14(1) This paragraph applies where the proprietor of a deferred...
PART 4Treatment of registered Community designs whose registrations expire during the period of six months ending on IP completion day
15Application of Part
16Renewal of registration of an expired Community design
PART 5Restoration of registered Community design registrations and applications
17Restoration of registered Community design to the RCD register
18Restoration of application for registered Community design
PART 6Interpretation
19Interpretation
20References in this Schedule to an “Article” are to an...
SCHEDULE 1BINTERNATIONAL DESIGNS
PART 1Existing international designs
1International designs in respect of which the European Union is designated to be treated as registered under the Act
2Entries to be made in the register in relation to designs treated as registered under this Act
3Opt out
4Effect of claim of priority
5Unregistered pre-exit transfers
6Pre-exit licences to continue to have effect in the United Kingdom
7Security interests in protected ... international registered designs (EU)
8Continuity of rights in relation to a protected international registered design (EU)
9Pending proceedings concerning a protected international registered design (EU)
10Effect of injunction protecting a protected international registered design (EU)
PART 2International registrations in respect of which the period for refusal has not expired before IP completion day etc
11(1) In this Part references to a “pending international design...
12(1) Where the holder of the international registration to which...
PART 3Treatment of international registered designs whose registrations expire during the period of six months ending on IP completion day
13Application of Part
14Renewal of registration of an expired international design
PART 4Interpretation
15Interpretation
SECOND SCHEDULE

Registered Designs Act 1949

1949 c.88

An Act to consolidate certain enactments relating to registered designs.

Annotations:
Commencement Information
I1

Act wholly in force at 1.1.1950 see s. 49 (2)

Extent Information
E1

Act extends to Isle of Man see s. 47

Modifications etc. (not altering text)
C1

Act restricted (retrospectively) by 1994 c. 26, s. 106(1), Sch. 4 para. 2(4); S.I. 1994/2550, art. 2; and modified (9.12.2001) by S.I. 2001/3678, art. 2(1)(2), Sch. 1

C2

Functions of Board of Trade and of President of Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)

C4

Act extended (Isle of Man) (with modifications) (11.11.2013) by The Registered Designs (Isle of Man) Order 2013 (S.I. 2013/2533), art. 3(1), Sch. 1 (as amended (31.12.2020) by S.I. 2019/1335, art. 2, Sch. 1; 2020 c. 1, Sch. 5 para. 1(1))

C5

Act applied in part (with modifications) (with effect in accordance with art. 1(2) of the amending S.I.) by The Designs (International Registration of Industrial Designs) Order 2018 (S.I. 2018/23), arts. 1(2), 3, Sch. 1 Pt. 1, Sch. 2 Pt. 1